Allowed

Dedhia Bhakti Heman v. the Principal- St.Xaviers Institute of Education and Ors.

Bombay HC14 Feb 2007WP/5061/2006

Case brief

AI extract

What is this about?

Writ petition by student seeking admission to B.Ed. course. Court clarified quota error and directed authorities to permit late application and attendance in the upcoming entrance examination.

What did the court decide?

Authority to condone delay in application, admit petitioner, and provide admission card to allow her to appear for the Common Entrance Test on 17th February 2007.

Dedhia Bhakti Heman Vs the Principal- St.Xaviers… — Education and Admissions | Bombay HC (2007)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 Appellate Side
 WRIT PETITION NO.5061 OF 2006

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 Dedhia Bhakti Hemam. .. .. Petitioner
 v/s.
 1. The Principal,
 St.Xavier’s Institute of
 Education & ors. .. .. Respondents
 Petitioner in person.

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 Mr.S.C.Naidu i/by M/s.C.R.Naidu & Co. for
 respondent No.1.

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 Mr.C.R.Sonawane, AGP for respondent Nos.3 & 4.

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 ----

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CORAM : H.L. GOKHALE, ACTING C.J. &
V.M. KANADE, J.

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DATED : 14th February 2007
P.C. :

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 1. This Petition was filed in August 2006 for

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 seeking admission to the petitioner in the B.Ed.
 Course for the academic year 2006-2007.
 Initially, one seat was directed to be kept
 vacant. However, after the replies were filed, it
 was noted in the order passed on 28th August 2006
 by another Division Bench that the petitioner will
 have to be placed in the merit list of Commerce
 subject as per her marks and she will be placed in
 appropriate college according to her option, if
 the seat was available. The Division Bench
 modified the order passed earlier reserving one
 seat for the petitioner and the seat was no longer

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 reserved for her.

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 2. Mr.Naidu appearing for the 1st respondent
 points out that the petitioner was wrongly treated
 as falling in the 28% quota of the students from
 the Universities in Maharashtra other than Mumbai.
 She, in fact, was falling in the 2% quota for the
 students outside Maharashtra. That apart, the
 fact remains that as far as the academic year
 2006-2007 is concerned, it is over. The
 petitioner will have to appear for the examination
 for the academic year 2007-2008 or the future
 years, in case she is so interested.

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 3. We are informed that the Common Entrance
 Test is to be held on 17th February 2007. The
 petitioner may appear for that examination.
 Obviously, there is hardly any time and there is
 delay in filling the form. However, in case the
 petitioner is interested in filling the form, we
 direct the Authorities to condone the delay and
 accept her form and fees. We are informed that
 the forms are accepted by the concerned
 Directorate situated at Secondary Teachers’

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 Institute, next to St.Xavier College, Dhobi Talav,
 Mumbai.

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 4. The Authorities will see to it that the

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 petitioner is given admission card and she is
 allowed to appear for the examination which is to
 be held on 17th February 2007.

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 5. In view of what is recorded above, Rule

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 issued earlier on the Petition will stand

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 discharged.

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 6. All Authorities will act on an

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 authenticated copy of this order.

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(ACTING C.J.)

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(V.M. KANADE, J.)

Dedhia Bhakti Heman v. the Principal- St.Xaviers Institute of Education and Ors.

Case brief

What is this about?

What did the court decide?

Dedhia Bhakti Heman v. the Principal- St.Xaviers Institute of Education and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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